Current through Register Vol. 24-18, September 15, 2024
(1)
Purpose.
(a) These rules apply
to vessels as recognized under
RCW
77.120.020. Owners or operators of vessels to
which this chapter does not apply are encouraged to voluntarily comply to the
extent possible.
(b) These rules
are provided to fulfill the legislative general directives under chapter 77.120
RCW and the specific directives under
RCW
77.120.030(3), "to ensure
that the discharge of ballast water poses minimal risk of introducing
nonindigenous species."
(c) As
directed by statute and in response to scientific evidence gathered since the
state ballast water management program was first established in 2000, the
approach to meet this directive is to encourage vessel owners or operators to
reduce the volume of ballast water discharged, phase-out the ballast water open
sea exchange requirement, and replace open sea exchange with an effective
ballast water discharge performance standard.
(d) The legislature, in recognizing the
complexity, evolving science, and technological challenges of ballast water
management, gave the department broad authority under
RCW
77.120.030(3) and
77.120.040(5)
to develop discharge standards that pose minimum risk of introducing
non-indigenous species. To assure the legislature that this authority is
applied in a transparent and accountable manner, the department met the three
key conditions required by statute. First, the rules were developed in
consultation with advisors from the regulated industries and potentially
affected parties as required in
RCW
77.120.040(5) and as
identified in subsection (2) of this section. Second, the rules were developed
in consideration of the extent to which the requirement for a discharge
performance standard is technologically and practically feasible. Third, the
rules were developed to complement, to the extent practical and appropriate,
current ballast water management regulations of the United States Coast Guard
(USCG), the International Maritime Organization (IMO), and the state of
Oregon.
(e) In the absence of a
national discharge performance standard, these rules were developed to
complement, and promote consistency along the west coast in accordance with,
the West Coast Governor's Agreement on Ocean Health 2008 Action Plan, Action
2.3, and the Puget Sound Partnership's 2008 Action Agenda, Priority A.5.2,
Near-term Actions 1 and 2. When a national discharge standard is developed, the
department will assess these rules for consistency, as practical and
appropriate.
(2)
Ballast water work group consultation. The department will
establish the ballast water work group (BWWG) or a similar forum to advise the
department on developing, revising, and implementing chapter 77.120 RCW and
this chapter regarding ballast water management. The department, at a minimum,
will invite the participation of shipping interests, ports, shellfish growers,
fisheries, environmental interests, citizens who have knowledge of the issues,
and appropriate governmental representatives, including the USCG and the tribes
per
RCW
77.120.040(5).
To assist the department in making every reasonable effort to
protect state waters from introduction of nonindigenous species, the BWWG may
advise the department on:
(a) Issues
to bring forward to the state invasive species council;
(b) Developing and implementing the ballast
water management plan;
(c)
Providing science-based recommendations and technical information;
(d) Adjusting laws, rules, or policies if and
when necessary or advisable;
(e)
Enhancing the predictability and stability of the process so that stakeholders
can anticipate and prepare for change; and
(f) Working with regional and national
ballast water regulators to strive for a coordinated and integrated
program.
(3)
Cooperative ballast water management. The department communicates
and cooperates with the USCG and other federal and state agencies to
standardize regulations to the extent practical and appropriate, minimize
duplication of efforts, and share information. The goal is to provide
transparency and accountability in the regulatory process, protect state
resources, and facilitate collaboration among federal and state agencies. The
department also communicates and cooperates to the extent practical and
appropriate with international ballast water management entities. Agencies that
the department works with directly include:
(a) The Washington department of ecology.
Pursuant to
RCW
77.120.030(3), the
department of fish and wildlife will consult and coordinate with the department
of ecology on Clean Water Act issues related to ballast water
management.
(b) The Washington
department of health. The department of fish and wildlife will consult with the
department of health on public health issues related to ballast water
management.
(c) The Puget Sound
partnership. Pursuant to chapter 90.71 RCW, the department will consult and
coordinate with the Puget Sound partnership on biennial budget needs related to
the ballast water program, cross-border coordination, policy, and research and
monitoring needs to protect and restore Puget Sound by 2020.
(d) Tribes. Pursuant to
RCW
77.120.040(5), the
department of fish and wildlife will consult and coordinate with federally
recognized Indian tribes in the state of Washington on ballast water management
issues to assist in the protection of aquatic resources. The department will
inform tribes of any ballast water management regulatory changes. The
department also will notify tribes of any ballast water technologies as
accepted under WAC
220-650-100
and supply the tribes with available supporting documentation.
(e) State of Oregon. Pursuant to
RCW
77.120.040(5), the
department will consult and coordinate with the state of Oregon on ballast
water management in the Columbia River system. The department will strive to
enter into cooperative management agreements with the state of Oregon to
implement provisions of Washington, Oregon, and other appropriate federal
ballast water laws. The agreements may include, but are not limited to,
arrangements for cooperative enforcement, inspection, research, and
monitoring.
(f) United States Coast
Guard (USCG). Pursuant to
RCW
77.120.030(3) and
77.120.040(5)(a),
the department will strive to enter into cooperative management agreements with
the USCG to implement ballast water management objectives. The agreements may
include, but are not limited to, arrangements for cooperative enforcement,
inspection, research, and monitoring.
(g) United States Environmental Protection
Agency (EPA). The department, as practical and appropriate, will consult and
coordinate with the EPA on Clean Water Act issues related to ballast water
management.
(h) Pacific Coast
states. Pursuant to
RCW
77.120.040(5)(a), the
department will consult and coordinate with the Pacific Coast states of Alaska,
California, Hawaii, and Oregon on ballast water issues. In general, this will
be through the Pacific ballast water group or a similar cooperative
forum.
(i) Canada. As practical and
appropriate, the department will strive for consistency and cooperation with
the Canadian government through the province of British Columbia or other
appropriate venues to manage ballast water risks.
(j) International Maritime Organization
(IMO). As practical and appropriate, the department will strive for consistency
and cooperation with the IMO to manage ballast water risks.
(4)
Other state and federal
laws. Nothing in this chapter shall supersede more stringent state or
federal regulations, including public health and Clean Water Act criteria.
Nothing in these regulations negates the need to comply with other state and
federal regulations regarding the management of ballast water or any other
vessel-related discharges.
Statutory Authority:
RCW
77.12.047,
77.120.030,
77.120.040, and
77.120.070. 09-14-052 (Order
09-110), §
220-150-010, filed 6/25/09,
effective 7/26/09.
